Site Terms for Website Visitors
Last Updated: May 1, 2022
BigMatzoBall provides this website to You, the “Client” (collectively “You”). These Terms are entered into by and between BigMatzoBall and You.
BigMatzoBall controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. BigMatzoBall services may not be available in Your location, and available services may vary among locations. Additionally, BigMatzoBall will attempt to deliver all correspondence sent via the Site’s messaging system. However, the nature of this task is such that BigMatzoBall cannot guarantee delivery of all messages.
Your Obligations and Conduct
In consideration of Your use of the Site, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the website (“Registration Data”); (b) Your Postings shall be accompanied by your real name and shall not be posted anonymously; (c) Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area; (d) Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity; (e) maintain the security of your password and identification; (f) maintain and promptly update the Registration Data and any information You provide to BigMatzoBall, to keep it accurate, current and complete; (g) accept all risks of unauthorized access to information and Registration Data; and (h) avoid using the Site if you are under the age of 13. If you are under the age of 13, you are not allowed to register on the Site and you must ask a parent or guardian to register on your behalf.
You are entirely responsible for all Content that You upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to BigMatzoBall or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. BigMatzoBall reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
Confidentiality of BigMatzoBall Information
You may obtain direct access via the Site to certain confidential information of BigMatzoBall and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with BigMatzoBall and its affiliates.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from BigMatzoBall, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to BigMatzoBall adequate to afford BigMatzoBall the opportunity to object to the disclosure.
Content Submitted to the Site
BigMatzoBall does not claim ownership of the Content You place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content You provide in connection with this website shall be deemed to be provided on a non-confidential basis. BigMatzoBall shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant to BigMatzoBall an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form) and authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, “Postings”) to this Web Site. Said license is without restrictions of any kind and without any payment due from BigMatzoBall to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute -, display, perform and sublicense Postings- in any form, medium, or technology now known or hereafter developed. You represent and warrant that you have proper authorization for the worldwide transfer and processing among BigMatzoBall, its affiliates, and third-party providers of any information that You may provide on the Website. You acknowledge and agree that your submitting Postings to this Web Site does not create any new or alter any existing relationship between you and BigMatzoBall.
You agree to indemnify and hold BigMatzoBall and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Site (including any use by You on behalf of another party), Your violation of the Terms, or Your violation of any rights of another.
The Terms constitute the entire agreement between You and BigMatzoBall relating to their subject matter, and cancel and supersede any prior versions of the Terms. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use BigMatzoBall or third-party products or services.
You agree that any material breach of the Terms will result in irreparable harm to BigMatzoBall for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, BigMatzoBall will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if BigMatzoBall seeks such an injunction.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Third Party Verification Services and Communications
BigMatzoBall may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that BigMatzoBall shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, You warrant that You will comply with the Fair Credit Reporting Act, 15 USC 1681 (“FRCA”).
Third Party Communications: BigMatzoBall disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. BigMatzoBall assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web Site.
Advertisements and Promotions
BigMatzoBall may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than BigMatzoBall found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. BigMatzoBall is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-BigMatzoBall advertisers on the Site.
Content Provided Via Links and Postings
Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. You acknowledge and agree that BigMatzoBall is not responsible for the availability of such external sites or resources. BigMatzoBall shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of BigMatzoBall. BigMatzoBall will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Intellectual Property Rights
Except as expressly authorized by BigMatzoBall or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software BigMatzoBall discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without BigMatzoBall’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
“BigMatzoBall Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations BigMatzoBall uses in connection with its products and services. You may not remove or alter any BigMatzoBall Trademarks, or co-brand your own products or material with BigMatzoBall Trademarks, without BigMatzoBall’s prior written consent. You acknowledge BigMatzoBall’s rights in BigMatzoBall Trademarks and agree that any use of BigMatzoBall Trademarks by You shall inure to BigMatzoBall’s sole benefit. You agree not to incorporate any BigMatzoBall Trademarks into Your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by BigMatzoBall on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g. “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this document. Upon termination, You must immediately destroy any downloaded and/or printed Content.
Disclaimer of Warranties
Your use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an “as is”, “as available”, and “with all faults” basis. BigMatzoBall disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. BigMatzoBall makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.
BigMatzoBall makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from the website will meet Your expectations or requirements; or (d) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Website, including any damages resulting from computer viruses.
Limitation of Liability
To the full extent permitted by law, BigMatzoBall is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Website, even if BigMatzoBall has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or information you my download, use, modify, or distribute.
Third Party Rights
The provisions of paragraphs, Indemnification and Limitation of Liability are for the benefit of BigMatzoBall and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Notices; Modification and Termination of Services; Amendment of Terms
BigMatzoBall may provide notice to You via email, regular mail, or posting notices or links to notices on the Site. BigMatzoBall reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or Your use of or access to them, with or without notice. BigMatzoBall may also delete, or bar access to or use of, all related information and files. BigMatzoBall will not be liable to You or any third-party for any modification, suspension, or termination of the services, or loss of related information. BigMatzoBall may amend these Terms at any time by posting the amended terms on this Website.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, this document shall take precedence. BigMatzoBall’s failure to enforce any provision of these Terms shall not be deemed as either a waiver of such provision or as a waiver of the right to enforce such provision.